2.6 Suspension or Cancellation of the ACD Authority

2.6.1  The Minister may withdraw an ACD's authority by suspending or cancelling his ACD Delegation of Authority pursuant to subsection 7.1(1) of the Aeronautics Act.

2.6.2  The issuing authority may withdraw an ACD's authority if evidence shows that the ACD:

  1. ceases to meet the qualifications necessary for issuance of the document or no longer complies with the conditions subject to which the document was issued;

  2. at any time, acted in a manner which is in contravention of any of the requirements contained in this manual;

  3. placed a personal interest, or the interest of the company, ahead of the interest of the travelling public;

  4. required instruction to maintain the required standards or to follow proper procedures;

  5. fraudulently used ACD authority or has acted in any other way that would discredit the Minister;

  6. breached the Aeronautics Act or Canadian Aviation Regulations;

  7. exercised poor judgment in assessing candidates performance in relation to the standards; or

  8. demonstrated to a TC Inspector during the course of a competency check, monitor, or inspection that he no longer meets TC standards and that holding an ACD authority is therefore no longer in the public interest.

    The ACD will be informed verbally, upon completion of the competency check or monitor, or the TC Inspector may stop the monitor at the time when problems occur.

2.6.3  When it has been alleged that any ACD has acted in a manner specified in 2.6.2, the issuing authority must, prior to making a final decision in the matter, ensure:

  1. a comprehensive report from an Inspector who has investigated the matter has been submitted for consideration; and

  2. the ACD and where applicable, the company in question have been given a formal opportunity to respond to the allegations, either verbally or in writing.

2.6.4  A “Delegation of Authority” as an ACD is a Canadian Aviation Document (CAD). The power to suspend, cancel or refuse to renew a CAD is set out in the Aeronautics Act, as amended.

The four distinct grounds for the above powers are as follows:

  1. suspend or cancel for contravention of any provision in Part 1 of the Act or the regulations made under the Act [e.g. the Canadian Aviation Regulations (CARs)];

  2. suspend on the grounds that an immediate threat to aviation safety exists or is likely to occur;

  3. suspend, cancel, refuse to renew or refuse to issue on the grounds of:

    1. incompetence;

    2. ceasing to meet the qualifications or to fulfill the conditions of issuance of the document; or

    3. public interest reasons.

  4. suspend or refuse to renew for failure to pay monetary penalties for which the Tribunal has issued a certificate of non-payment.

If the decision of the Issuing Authority is to suspend, cancel or refuse to issue the ACD's authority, a notice of suspension, cancellation or refusal to issue will be issued directly to the individual ACD as per section 7.1(1)(b) or (c) of the Aeronautics Act. ACD's are entitled to procedural safeguards, under the Aeronautics Act, including recourse to the Transportation Appeals Tribunal of Canada (TATC). The document holder has the right to request a review of the Minister’s decisions, to suspend, cancel, or refuse to issue or renew a CAD, by the Transportation Appeal Tribunal of Canada (TATC).

The TATC may be contacted at:

Transportation Appeal Tribunal of Canada
333 Laurier Avenue West
12th Floor, Room 1201
Ottawa, ON
K1A 0N5
Tel.: (613) 990-6906
Fax: (613) 990-9153
cattac@smtp.gc.ca

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